Minutes
NEWMARKET ZONING BOARD OF ADJUSTMENT MEETING
JANUARY 27, 2014
MINUTES
Present: Chris Hawkins (Chairman), Bob Daigle, Bill Barr, Richard Shelton (Alternate), Elaine Winn, Diane Hardy (Zoning Administrator)
Absent: Wayne Rosa (excused)
Called to order: 7:04 p.m.
Adjourned: 7:34 p.m.
Agenda Item #1-Pledge of Allegiance
Agenda Item #2-Review and Approval of Minutes: 12/09/13, 12/16/13
Chairman Hawkins appointed Richard Shelton to replace Wayne Rosa.
12/09/13
Action
Motion: Bob Daigle made a motion to approve the minutes as transmitted
Second: Richard Shelton
Vote: All in favor
12/16/13
Action
Motion: Richard Shelton made a motion to approve the minutes of the 16th
Second: Bob Daigle
Vote: All in favor
Agenda Item #3-Regular Business
Jeremy S. Gallant/Hubert Buchanan-Public hearing for an Appeal from Administrative Decision reference Section 1.11, of the Newmarket Zoning Ordinance. The property is located at 178 Main Street, Tax Map U3, Lot 152, M2 Zone. The Zoning Administrator determined the proposed use of a furniture making business, which would be located on the first floor of the building, falls under “manufacturing” as defined in Section 1.11 of the Zoning Ordinance, which is not a permitted use in the M2 Zone. The applicant feels the proposed use of the space falls under the definition of “light manufacturing”, which is a permitted use in the M 2 Zone.
Chairman Hawkins stated that the Board had to address some housekeeping issues.
He asked Jeremy Gallant if he was related to Jeff Gallant, of Exeter Monument Works. Jeremy Gallant stated yes, he is his father’s cousin. His father’s name is Jim Gallant. Chairman Hawkins stated he raised this issue, because he is an attorney and Jeff Gallant has filed a lawsuit against one of his clients. He will be meeting with him tomorrow. He wanted Jeremy Gallant to feel that he was being treated fairly. He stated he felt he could be fair and review the application on the merits. He told Jeremy Gallant, if he was not comfortable with him sitting on this application, he would step down and leave the room for the application. He told Jeremy Gallant, if he would like a moment to discuss it with his father and others he may do so. Diane Hardy mentioned, if Chairman Hawkins stepped down, the applicant would not have a full board present. She explained there has to be three affirmative votes to pass the application. Chairman Hawkins explained the applicant would have the option, at that point, to move forward with the application or wait until a full board was present. Jeremy Gallant stated he felt comfortable with Chairman Hawkins sitting on the application.
Chairman Hawkins stated there was another housekeeping matter. The appeal was not filed within 21 days of the administrative decision. Chairman Hawkins asked, if everyone on the Board was agreeable, he would entertain a motion to waive the 21-day filing requirement and make a determination that the application be heard.
Action
Motion: Bill Barr stated so moved
Second: Bob Daigle
Vote: All in favor
Jeremy Gallant stated he plans to put a fine furniture shop on the first floor of the building. This clearly falls under “light manufacturing” under the Zoning Ordinance. He makes small, fine pieces of furniture that do not require any large machinery. He felt everything he would do there would fall under the definition of “light manufacturing”. He stated a large cabinetmaking business cranking out large kitchen cabinets would be one thing, but what he does is very hands on. He does mostly traditional furniture that does not require large machinery. He understands that noise is a concern for abutters, but he feels that he will be able to mitigate the noise in the shop. He will put soundproofing in the room in which the machines will be located. The type of soundproofing he will use will cut the decibels up to 50%. The dust collection system will be completely enclosed in the back. He feels that bringing an educational, interesting new business to the town would be something that is welcome.
Chairman Hawkins stated he had a couple of questions regarding the finishing operation. He asked what he will be using in terms of finishes. Jeremy Gallant stated he does not do any spray finishes. He does mostly hand-applied finishes using alcohol-based shellacs and traditional techniques. The shellacs are enclosed in a fireproof cabinet. The finishing will not involve any spray. He stated there are special containers for oil soaked rags and for alcohol-based finishes. The school he went on N. Bennett St. in Boston, which obviously had different zoning, had an open area with some ceiling fans for ventilation. They did not have any extraction for the smells, because the smells are not very noxious.
Chairman Hawkins asked where he was currently conducting the fabrication of his furniture. Jeremy Gallant stated he was conducting it at The Button Factory, on Islington Street in Portsmouth. There are condos in front of where his shop is now. That shop is a big operation. They do a lot of architectural millwork. They build kitchens. It is a shared cooperative shop. There are people in the shop who do large projects. These much larger than anything he will ever do here Newmarket. He stated they have spray capabilities and that is located in a separate room with full ventilation. There is dust collection there as well, hooked up to each machine. He grew up going to the shop and learned how to do woodworking there. He is going into this new shop with a blank slate. Having worked in other high end professional shops that are fully equipped with incredible dust collection systems, he feels like he will be able to fit the space with the most modern techniques to collect the dust and keep everything clean and organized.
Chairman Hawkins asked if there was a tenant upstairs. Jeremy Gallant stated there is. Chairman Hawkins asked if the tenant was aware of this business was going in. Hubert Buchanan, the owner of the building, stated Mr. Gallant is friends with the tenant, but he did not know if they have discussed it. A member of the audience stated his girlfriend lives upstairs. She was not able to be here, because she had to work. She had intended to be here to show her support.
Bob Daigle asked if his finishing process was all hand-applied. Jeremy Gallant stated yes. Bob Daigle asked about wax. Jeremy Gallant stated he does use a fair amount of wax. It is the last part of the process. He puts a beeswax mix that he makes on the furniture. Bob Daigle asked if he would have any kind of a show room. Jeremy Gallant stated there will be a soundproof wall and, in the front part of the space, he will have his benches and tools where he will do hand-planed carving type of work. He has been asked this question a lot. He does not plan on having any retail space, where he will have things out for sale. When he first opens, he might have a time where he will have pieces displayed for the public to come in and see the space. He has a website where he will have items for sale.
Chairman Hawkins asked where in the building he would be doing the finishing. Jeremy Gallant stated once he gets into the space and gets it all cleaned out he will have a better idea of the setup. Then he can start moving things around and start building walls and he will know where the finishing location is at that point. He envisions it being in the back, where there are windows.
Chairman Hawkins asked if the machines he will use would be running constantly. He assumes he did not keep the machines running all the time. Jeremy Gallant stated he would turn them off as he was done with them.
Chairman Hawkins asked what his hours were at The Button Factory. Jeremy Gallant stated he was usually there from seven or eight in the morning until five or six at night. It varies. He proposed an 8 AM to 6 PM time frame or something like that. He stated carving is very quiet. If he was there until 8 o’clock at night carving, he did not think it would disturb anyone. Chairman Hawkins stated he was more concerned with the hours the machines would be operating.
Chairman Hawkins asked if there were any special provisions for the disposal of the material used for finishing, such as the rags. Jeremy Gallant stated, once the oils have dried, they cannot combust. It is when they are wet and are balled up tight they can get hot and spontaneously combust. He takes provisions by keeping rags and finishing materials in fireproof containers.
Bill Barr asked if any work would be done outside. Jeremy Gallant stated no. Bill Barr asked if he had any data on the decibels of the machines. Jeremy Gallant stated he did not. Richard Shelton stated he had some information on that. He read a prepared statement. This statement explained the decibel levels of the machines Jeremy Gallant would be using. He got his information online from popularwoodworking.com. According to this, Mr. Gallant’s machinery would be well within acceptable decibel levels. Richard Shelton stated he also spoke to Alan Mitchell, from Homestead Woodworking School, in Newmarket, who has trained over 600 students in woodworking. He stated Mr. Mitchell advised him a router would be no louder than a vacuum cleaner.
Bill Barr clarified with Mr. Gallant that there would be no ventilation system. Mr. Gallant stated that was correct. Bill Barr clarified that the dust collection system would not exhaust from the building. Mr. Gallant stated that was correct. Chairman Hawkins stated this was not within the zoning board’s purview. The zoning board needs to determine if this business comes under light manufacturing or manufacturing under the definitions of the zoning ordinance.
Chairman Hawkins opened the public hearing.
The gentleman who spoke earlier regarding his girlfriend living upstairs from the shop as a tenant stated his name was Jack O’Sullivan, 24 Spring St. He is co-owner of The Big Bean. His girlfriend lives above the proposed space. They are both in favor of this project. He stated he had conversation with the owner of the building in the past about the use of the space on the first floor. The only parking available there is tenant parking. He is friends with Jeremy Gallant. When Jeremy Gallant was talking about opening a fine furniture business, he thought of the space. He knows he sells pieces online and would not need parking. He realized this was a good business for that location. It is a good fit. The old firehouse is a solid structure and he does not feel that noise will be spilling out of it. He stated sirens used to come out of it.
Diane Hardy stated they had received a letter of support from an abutter, Mr. Fred Howe.
There were no further comments and Chairman Hawkins closed the public hearing.
Chairman Hawkins stated they had received, from the applicant, photographs of his work and a letter describing his business.
Richard Shelton read from a prepared statement. It is his position that the applicant meets the criteria for opening up a small, fine furniture making shop. He read his findings of fact, which were placed on file. He stated “light manufacturing” covers many activities based on three broad groups, into one of which Mr. Gallant’s business falls. He read the groups and read the descriptions.
Action
Motion: Richard Shelton made a motion that the proposed use of a furniture making business located at 178 Main St. Tax Map U3, Lot 152, M2 zone is consistent with the use under Section 1.11 “light manufacturing”
Second: Elaine Wynn
Chairman Hawkins stated whether they should add a condition with hours of operation. This would include the hours of operation of the machinery into the evening. Bob Daigle asked if that fell within the Zoning Board’s purview. Chairman Hawkins and Diane Hardy stated they could make it a condition of the approval. Chairman Hawkins stated what was included in the submitted materials was the machines would not be operated between 9 PM and 8 AM. Bob Daigle stated he does not want to limit Mr. Gallant’s time, for example, if he was carving. He has no problem at all allowing more time for that. Chairman Hawkins stated this condition would only have to do with machinery. He thought there should be a reasonable limit to the times he could operate machinery. He stated between 9 PM and 8 AM was reasonable. Richard Shelton suggested 8 PM to 8 AM. Bob Daigle suggested limiting the operation of machinery to 7 AM to 7 PM. The felt those were the more consistent normal business hours. Bill Barr asked about the Town’s noise ordinance. Diane Hardy stated this is Ordinance 99-04. It talks about different types of noise. There is a portion that addresses operations. She read the ordinance relating to time frames for the operation of machinery. She stated regarding power tools, construction equipment, and loading and unloading it allows 9 PM to 7 AM.
Action:
Motion: Richard Shelton amended his original motion to include the condition there would be no operation of machinery between 9 PM and 7 AM
Second: Elaine Wynn
Chairman Hawkins summarized that the motion on the table is to grant the application subject to no operation of machinery between 9 PM and 7 AM consistent with the ordinance.
Vote: All in favor
Agenda Item #4 – New/Old Business
None.
Agenda Item #5 – Adjourn
Action
Motion: Bob Daigle made a motion to adjourn at 7:34 PM
Second: Bill Barr
Vote: All in favor